Filing fees for the EB-5 immigrant investor program are set to rise by about 71 percent on average on Nov. 30, according to a final rule from U.S. Citizenship and Immigration Services. The agency puts the weighted average increase at $2,945.90 per filing. The change covers petitions from individual investors as well as applications from regional centers and investment promoters, and it was published in the Federal Register on Sept. 30.
What the EB-5 fee rule changes
The Department of Homeland Security rule, titled the EB-5 Fee Rule, reports an average increase of about 70.7 percent across the program’s forms. That number is an average, not the rise on any single form. Likewise, $2,945.90 is a weighted average per filing across investors, regional centers and promoters, not a fee anyone will necessarily pay.
The scope is limited to EB-5 forms. Other USCIS fees are untouched by this rule, and other investor-related visa categories are not part of it.
Individual forms move by very different amounts. The Form I-526 petition for an immigrant investor goes from $3,175 to $6,165, a rise of $2,990. Form I-526E goes from $3,175 to $6,240, up $3,065, and that figure includes a $75 technology fee set at 1 percent of the base fee, rounded. The Form I-829 petition to remove conditions rises from $2,930 to $3,130, a $200 increase.
In all, the rule’s fee table lists nine forms with new amounts: I-526, I-526E, an I-526E amendment, I-829, I-956, an I-956 amendment, I-956F, I-956H and I-956K. The two investor petitions, I-526 and I-526E, start from the same $3,175 fee today, and the $75 difference in their increases ($2,990 versus $3,065) reflects the technology fee charged on the I-526E. The rule applies the same Nov. 30 date to every one of them.
Regional center and promoter forms rise most
The largest dollar jumps fall on the business side of the program. Form I-956, the regional center application, and Form I-956F, the investment in a commercial enterprise, each go from $6,230 to $10,930, an increase of $4,700. The I-956K promoter registration climbs from $2,050 to $3,200, up $1,150. The I-956H bona fides form moves from $1,025 to $1,500, and amendments to I-956 and I-526E rise by $425 and $50 respectively.
Because several forms carry small increases, the weighted average sits well below the jump on the two main investor petitions and well below the regional center filings. The rule does not publish a single per-person total, so the actual bill depends on which forms a given investor, regional center or promoter files.
Nov. 30 is the effective date, not a comment deadline
Two different dates are easy to confuse here. Sept. 30 is when the rule was published. Nov. 30 is when it takes effect. The public comment period has already closed, with 28 submissions received, so nothing remains to be filed as a comment.
The rule is explicit about timing: “This final rule is effective November 30, 2026. Any application, petition, or request postmarked on or after this date must be accompanied by the fees established by this final rule.” Filings postmarked before that date fall under the current fee schedule. The rule’s wording turns on the postmark, which is the date the document is mailed, rather than the date USCIS receives it.
EB-5 Integrity Fund fees rise 10 percent
Separate from the filing fees, the rule adjusts the EB-5 Integrity Fund fees for inflation. The Form I-526E Integrity Fund fee goes from $1,000 to $1,100. The regional center fee rises from $10,000 to $11,000, and a second regional center tier moves from $20,000 to $22,000.
The adjustment rests on the consumer price index. In the rule’s own words, “the annual average inflation for 2022 was 292.655. The annual average for 2025 was 321.943,” so the CPI-U rose 10.01 percent between those years. USCIS projects annual Integrity Fund revenue of about $15.3 million, up from about $13.9 million.
Why USCIS says the fees must climb
The agency’s stated reason is cost recovery. In the rule, USCIS says it “receives no Congressional appropriation for the EB-5 program, and filing fees are necessary to provide the resources required to perform the work associated with such filings.” The rule estimates the program brings in about $56.6 million a year under current fees, and the new schedule is designed to close a cost-revenue gap of about $48.4 million.
The rule also tallies the effects over ten years. Monetized costs come to $8.06 million undiscounted, while transfer payments (fees moving from filers to the agency), total $416.74 million at a 3 percent discount rate and $343.14 million at 7 percent. Those totals are the agency’s own estimates, published in the Federal Register notice, and they show that the burden falls on a narrow group of foreign investors and the businesses that sponsor them.
For anyone planning an EB-5 filing, the Federal Register text of the final rule is the controlling document for every form fee and the postmark rule.
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